ch6 Flashcards
Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS)
An agreement of the World Trade Organization that requires member governments to ensure that intellectual property rights can be enforced under their laws and that penalties for infringement are tough enough to deter further violations.
copyright
The exclusive right to distribute, display, perform, or reproduce an original work in copies or to prepare derivative works based on the work; granted to creators of original works of authorship.
copyright infringement
A violation of the rights secured by the owner of a copyright; occurs when someone copies a substantial and material part of another’s copyrighted work without permission.
cybersquatter
A person or company that registers domain names for famous trademarks or company names to which they have no connection, with the hope that the trademark’s owner will buy the domain name for a large sum of money.
Defend Trade Secrets Act of 2016
An act passed in 2016 that amended the Economic Espionage Act to create a federal civil remedy for trade secret misappropriation.
design patent
A type of patent that permits its owner to exclude others from making, using, or selling the design in question.
Economic Espionage Act (EEA) of 1996
An act passed in 1996 to help law enforcement agencies pursue economic espionage. It imposes penalties of up to $10 million and 15 years in prison for the theft of trade secrets.
fair use doctrine
A legal doctrine that allows portions of copyrighted materials to be used without permission under certain circumstances. Title 17, section 107, of the U.S. Code established the following four factors that courts should consider when deciding whether a particular use of copyrighted property is fair and can be allowed without penalty: (1) the purpose and character of the use (such as commercial use or nonprofit, educational purposes), (2) the nature of the copyrighted work, (3) the portion of the copyrighted work used in relation to the work as a whole, and (4) the effect of the use on the value of the copyrighted work.
intellectual property
A legal doctrine that allows portions of copyrighted materials to be used without permission under certain circumstances. Title 17, section 107, of the U.S. Code established the following four factors that courts should consider when deciding whether a particular use of copyrighted property is fair and can be allowed without penalty: (1) the purpose and character of the use (such as commercial use or nonprofit, educational purposes), (2) the nature of the copyrighted work, (3) the portion of the copyrighted work used in relation to the work as a whole, and (4) the effect of the use on the value of the copyrighted work.
Leahy-Smith America Invents Act
An act that changed the U.S. patent system so that the first person to file with the U.S. Patent and Trademark Office will receive the patent, not necessarily the person who actually invented the item first.
noncompete agreement
Terms of an employment contract that prohibit an employee from working for any competitors for a specified period of time, often one to two years.
open source code
Any program whose source code is made available for use or modification, as users or other developers see fit.
patent infringement
A violation of the rights secured by the owner of a patent; occurs when someone makes unauthorized use of another’s patent
Prioritizing Resources and Organization for Intellectual Property (PRO-IP) Act of 2008
An act that created the position of Intellectual Property Enforcement Coordinator within the Executive Office of the President. It also increased trademark and copyright enforcement and substantially increased penalties for infringement.
reverse engineering
The process of taking something apart in order to understand it, build a copy of it, or improve it.
